Montgomery County Judge Steven O’Neill ruled last Monday, December 5 that he would not suppress the testimony that 79-year-old stand-up comedian and actor Bill Cosby made in a 2005 deposition in relation to his recent sexual assault case.

Cosby’s attorneys said that he only testified in the 2005 deposition under the explicit understanding that he would not get charged for his 2004 encounter with his accuser, Andrea Constand. To this, O’Neill responded in writing, “This court concludes that there was neither an agreement nor a promise not to prosecute, only an exercise of prosecutorial discretion.”

In the 2005 deposition, Cosby admitted that he engaged in relations with young women, many of whom claim that he used drugs to molest them. The testimony’s release in 2015 made prosecutors reopen Constand’s 2005 criminal complaint.

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